free_spirit_etc

Not that it would be definite proof, but they can tell things about brain injuries with certain tests. When my son was being treated in the hospital and having anger outbursts, I told the doctor I didn't think it was just a matter of him controlling his anger. I had noticed that right before the outbursts, his eyes would kind of vibrate and then right after them he would look kind of stunned like he had no clue what had just happened, like he was coming out of a trance or something. The doctor decided to do a sleeping EEG, and told me that the results were consistent with a severe closed head injury. I said he had banged his head hard as a child, but the doctor said the results were more like they were from a severe injury, like falling out of a second story window - or a car wreck. We never were able to figure out what had caused it, but he was diagnosed with left temporal lobe injury. Perhaps it was caused at birth. I don't know. I was in labor for a LONG time. Toward the end, the nurses kept coming in very often, pretty upset that the doctor didn't do something. I would say my son was in distress because I was having back labor from him presenting forehead first, but then the back labor would stop and the nurses would tell me he had turned. Later the back labor would start again, and they would tell me he had turned again. The kid wanted out of there and he was trying!!! His head was bruised -- but the delivery was pretty easy - nothing nearly as traumatic as your wife experienced. But my son also has autism spectrum disorder. He is more high functioning though. But few people knew what to do with the higher functioning kids at that time (My son is 34 now). They didn't seem to fit clearly into any diagnosis or treatment program. But I think for a case for your son, you would need more than showing that the birth was traumatic, and that he has autism spectrum disorder. You will need a doctor that connects his disability to the traumatic birth, and you will need to show the standard of care was violated. That won't be real easy after a long passage of time. But it wouldn't necessarily be impossible either.

My thoughts and prayers are with you and your family.

S63, Have they ever done any testing on your son for brain injury?

What do his doctors think?

I don't think they ever put your diagnosis on your medicine bottle. They put what the medicine is for on the medicine bottle. If you have arthritis and take pain relievers, the medicine bottle won't say "For arthritis." It will say "For pain."

I am not sure, but you might have to wait until your son reaches the age of majority and then he can sue on his own behalf (with a guardian ad litem's assistance). I am thinking that until a child is 18, the parents have the right to sue (subject to any statute of limitations). If the parents do not sue, then the statute of limitations for the child to sue in their own behalf starts when the child reaches the age of majority. By all means get all the info you can now though - and start building the case.

S63, I guess what I am having trouble following is why you are upset they didn't add PTSD if you didn't claim PTSD and your wife hasn't been diagnosed with PTSD. I am also not understanding why it matters who added the adjustment disorder to the pending claim. I would think it might show there is a possibility that they might grant the mental disorder claim. It seems odd that they would add that, just to deny it. It seems like adding adjustment disorder is more saying she isn't just depressed, she is depressed because of something that happened. The rating would be based on how much it affects her functioning (or how much the VA says it affects her functioning).

As much as I hate to admit it, sometimes *I* am the random ignorant person to someone else.

So are you saying they now have both depression and adjustment disorder listed? How would the VA know if her depression falls under PTSD? Did your wife file a claim for PTSD?

Sierra, PTSD and Depression are not the same diagnosis. If your wife claimed for depression, that is not the same as a claiming for PTSD.

Merry Christmas and Happy Holidays back at ya' airborne. And I vote for avoiding random ignorant people who rub you the wrong way. I would like to get better at avoiding those kind of people better myself. ;)

The major difference in the over 50 claims is that if you are under 50, even if you can't do the type of work you used to do, they determine whether you can be retrained to do a different type of work. Older workers aren't expected to train for different types of work. They are accepted more "as is."

Pay them for what???

I've heard the Voc experts pretty well just make things up. They are given a hypothetical situation and they give a hypothetical answer.

Applause!!!!!!! (I was still holding my breath hoping they hadn't messed it up....)

The local level follows the POMS and the hearing level follows the regulations. So at the local level you pretty much have to fit into the neat little boxes in a tidy manner to get approved. The ALJs are given more discretion to actually think when they make decisions. It is much harder to get approved (at least at the local level) if you are under 50. They actually publish the statistics of decisions by judge at the SSA site http://www.ssa.gov/appeals/DataSets/03_ALJ_Disposition_Data.html http://www.ssa.gov/appeals/DataSets/03_ALJ_Disposition_Data.pdf

One step closer....

Thanks for the link. We looked up quite a bit of information about AO and Guam - and were in contact with Van Sanderson about the issue. At this point, I didn't think we had a strong enough case to be granted on that basis (mostly because the VA, as a general rule, denies AO was used on Guam). It is good to see the veterans are keeping up the fight. I know former Congressman Lane Evans kept trying to get documents about Guam declassified. I appreciate the link, and it is good to see that they are still making some progress on this issue.

Thanks John. I might have to do that. At this point, I had my hearing, and am waiting on the decision. So it is kind of late for an attorney to get involved at this point (unless I get denied at the BVA level). But I didn't want to get stuck with this representative -- and I didn't want him submitting anything to sabotage my claim. I did submit a Motion for Good Cause to revoke the POA -- asking the VA to honor my earlier request to revoke the POA. I am hoping that by submitting it, that will open up the possibility of appointing a new representative if needed (if the VA determines I had good cause to revoke my other one). I read a couple decisions where someone revoked a POA and appointed a new one while their case was on appeal at the BVA. As it was done after the time-frame, the BVA acknowledged the revocation of the previous POA, but did not honor the appointment of the new one, as the veterans did not file a motion for good cause to change VSOs after the deadline.

I am hoping you get good news on money in your bank account today. I vote that you take your wife out somewhere special! ;) And yes, the sad thing is that you will just be getting what you need to cover the bills you couldn't pay when they didn't send you the correct amount. It certainly isn't a "jackpot" by any means. The VSO and RO employees certainly wouldn't appreciate having to wait 10 months for their pay. I doubt they would have been as patient as they advised you to be. I don't even fully understand all their talk about how this was a "learning experience" for them, or so unusual that they didn't know how to handle it. A paper you sent in was lost, misplaced, or something. That is not unusual. It happens all the time. The VSO should have a procedure for handling that. "The VA said they didn't get your form. We will re-send the form and proof that it was previously submitted, and follow up and make sure they associate it with your claim." I don't "get" the "procedure" they used - i.e. The VA said they don't have your form. We know you sent it. But this is rare and unusual, and a learning experience for us. So instead of showing them the form was submitted, so they will reinstate your benefits - we will just start all over from square one and apply for TDUI all over again and so you can wait at the back of the line. Be patient.... I applaud you for not being as patient as everyone advised you to be. The "procedure" the VA and VSO were so-called using to "fix" the problem was not working. Veterans should not have to be patient when their benefits have been wrongfully reduced, and the problem can be easily fixed. If the problem could be fixed in 24 hours, they could have fixed it in 24 hours when it happened.

Iraqvet, I paid $1500 for each one. One doctor charged $500 and hour with a $1500 retainer. I know he spent more than three hours on it because he sent me several revisions. But when I asked him how much extra I owed him, he said no charge. The other doctor usually charges $600 an hour with a $3000 retainer, but after he looked at the records he told me he couldn't believe that they were making the widow of a veteran prove this case; that any doctor (VA doctors included) should know that my husband's cancer started well before he retired. But we all know there is a difference between what VA doctors know and what they write. This IMO doctor decided to only charge me half his standard amount - (He said because I was an individual and not a high priced attorney) and I sent him a $1500 retainer. I asked him several times to let me know when I owed him more, because I know he spent well over 5 hours total. I know he felt bad that I was having to pay for a medical opinion. He kept telling me this shouldn't even be a battle. But he never charged me any extra. So even at their stated rates, they might cut you some slack. Their rates are usually rates for attorneys for legal cases. Some will charge less to individuals. Some doctors I contacted were not willing to write IMOs for unrepresented individuals though.

I'm glad to hear someone is finally handling it. So all this time the AL was telling you to wait and be patient was unnecessary. I also wondered why they had to rate your claim again. I was thinking you said the VA confirmed they had your form the day you faxed it and it was scanned into their system, but the computer didn't recognize it (or something like that). But it sounds like you are on the right track now. Or should I say they are on the right track now. (You were already there...)

Wow! I loved the part where the Board said that notably, experts continue to ignore the diagnosis. There "experts" set the stage for a denial. And the Board went right past them... And Awww so sweet about Sweety Bee...

Maybe you should try this http://www.gofundme.com/ It might be faster....

Infantry, Personally, I think you might want to ask the Congressperson to make an inquiry. It is good that the woman you talked to realized they made a mistake. I know both times when I contacted a Congressperson with the VA (over burial benefits, and survivor's month of death payment) I got a response VERY quickly. In fact, I got the check fast! Then they contacted the Congressman. When I contacted Social Security over how long it took for SSA to pay me I started getting calls from SSA a few days after I sent the letter and I got my check in a week or so. These were all incidents where it had taken far too long and whomever looked at the claims knew it. So as long as it is framed correctly, and if your sure the record will show that this is an error the VA made - I don't see where an Inquiry could hurt you. If it is just a matter of the regular way they delay everything, then I am not sure it would help. But if the Inquiry would cause whomever pulls your file to say "Hey. This really shouldn't have happened..." they should move things pretty quickly. I was surprised that in the letter to my Congressman the VA actually admitted their error. (I thought they would try to sweep it under the rug...) I would write something for the Congressman to forward. Something like "The VA terminated a major portion of my benefits in error in ____. I was informed on ___ that there had been some type of glitch where the computer didn't recognize the required form I submitted which caused them to reduce my benefits in error. I was also informed it would take __ months for the VA to correct their error and reinstate my full benefits. It has now been ___ months and my benefits have still not been reinstated. I am only receiving 1/3 of the benefits I should be receiving and am now under threat of losing my house and having my utilities disconnected due to my inability to pay my bills. I am unable to work due to my service connected disabilities. Could you please inquire why it is taking the VA so long to correct their error? *** Disclaimer -- I am NOT near as experienced with the VA system as many people on this board. So my advice may not be the best advice. I don't even understand why you had to be rated again. It seems like they could just fix their mistake. I understand most people will say it will slow down your claim to do a Congressional Inquiry. In my experience, if it is something that should have already been handled, things can move pretty quickly once the government agency has to explain to a Congressperson what is taking so long. But I understand the "should I or shouldn't I' dilemma. It is sad how government agencies can keep those who are dependent on them virtually paralyzed in fear of doing something that will mess things up further.